Car sale agreement

VEHICLE SALE AGREEMENT

This sale agreement (hereinafter the "Agreement") has been entered into in [City where the contract is signed] on [Contract date] between the following parties:

1. PARTIES

1.1 Seller:
[Seller's name/company]
Personal identification code / registry code: [Seller's personal identification code / registry code]
Address: [Seller's address]
Telephone: [Seller's telephone]
E-mail: [Seller's e-mail]
Bank account (IBAN): [Seller's bank account (IBAN)]
Representative and role: [Seller's representative and role (if a company)]
(hereinafter the "Seller")

1.2 Buyer:
[Buyer's name/company]
Personal identification code / registry code: [Buyer's personal identification code / registry code]
Address: [Buyer's address]
Telephone: [Buyer's telephone]
E-mail: [Buyer's e-mail]
(hereinafter the "Buyer")

1.3 Type of sale: [Type of sale].

2. VEHICLE DATA

2.1 The Seller sells and the Buyer buys the vehicle specified in clause 2.2 on the terms set out in this Agreement. The Seller undertakes to deliver the vehicle to the Buyer and to enable the transfer of ownership; the Buyer undertakes to pay the purchase price and to accept the vehicle (Law of Obligations Act (VÕS) § 208).

2.2 Vehicle: [Vehicle make] [Vehicle model], year of first registration [Year of first registration], VIN [VIN (vehicle identification number)], registration plate [Registration plate], colour [Colour], fuel type: [Fuel type], engine capacity [Engine capacity (cm³, 0 for an electric car)] cm³, engine power [Engine power (kW)] kW, odometer reading [Odometer reading (km)] km, registration certificate number [Registration certificate number].

2.3 The data specified in clause 2.2 correspond to the registration certificate of the vehicle.

3. CONDITION OF THE VEHICLE

3.1 Condition: [Condition].

3.2 Previous accidents: [Description of the accident(s)].

3.3 Roadworthiness inspection: [Roadworthiness inspection]. Valid until: [Inspection valid until].

3.4 Motor third-party liability insurance: [Motor third-party liability insurance]. Insurer: [Insurer]. Valid until: [Insurance valid until].

3.5 Previous use: [Previous use].

3.6 The Buyer has had the opportunity to inspect the vehicle and take it for a test drive before the conclusion of the Agreement. This does not restrict the Buyer's rights in respect of a non-conformity which the Buyer was not required to discover during the inspection.

3.7 Defects and damage known to the Seller: [Known defects and damage].

4. SELLER'S REPRESENTATIONS

4.1 The Seller confirms that the vehicle belongs to the Seller (or that the Seller has the right to transfer it); the vehicle is free of encumbrances, pledges and prohibitions on transfer; there are no claims of third parties; to the Seller's knowledge there are no latent defects; to the Seller's knowledge the odometer reading is correct; the VIN corresponds to the vehicle and the documents; the vehicle is not stolen.

4.2 The Seller confirms that, to the Seller's knowledge, the odometer reading of the vehicle has not been altered for the purpose of giving a false impression of the vehicle's mileage, and that the vehicle has no latent defects known to the Seller which have not been disclosed to the Buyer.

5. PURCHASE PRICE

5.1 Purchase price: [Purchase price (€)] euros ([Purchase price in words]).

5.2 Unless otherwise provided in the Agreement, the Seller bears the costs of delivering the vehicle and the Buyer bears the costs of accepting the vehicle and paying the purchase price, as well as the costs related to making an entry in a public register on the basis of the Agreement (VÕS § 215 (1)).

6. PAYMENT TERMS

6.1 Method of payment: [Method of payment]. Number of instalments: [Number of instalments], amount of each instalment [Amount of each instalment (€)] euros, schedule: [Instalment schedule]. Retention of title (clause 8.1): [Retention of title (ownership remains with the seller until paid in full)]. Payment deadline: [Payment deadline].

6.2 A payment made by bank transfer is deemed made when the amount is received in the Seller's bank account specified in clause 1.1. For a payment made in cash, the Seller gives the Buyer a written receipt (VÕS § 95).

6.3 In the event of delay in payment of the purchase price or a part thereof, the Seller may claim late interest at the rate provided by law (VÕS § 113 (1)).

7. DELIVERY

7.1 Date of delivery: [Date of delivery]; place: [Place of delivery]. Number of keys: [Number of keys].

7.2 The risk of accidental destruction of or damage to the vehicle passes to the Buyer upon delivery of the vehicle, and also at the time when the Buyer is in delay with accepting the vehicle (VÕS § 214).

7.3 Together with the vehicle, the Seller hands over to the Buyer the registration certificate of the vehicle and other documents concerning the vehicle, including service documents and user manuals, if any (VÕS § 211).

7.4 Upon delivery of the vehicle, the Parties record in writing, where necessary, the odometer reading and visible damage to the vehicle.

7.5 Additional equipment included:
[Additional equipment included]

8. TRANSFER OF OWNERSHIP AND CHANGE OF REGISTERED OWNER

8.1 Ownership passes to the Buyer only upon full payment of the purchase price (retention of title, VÕS § 233 (1)). Until ownership passes, the Buyer may not transfer or encumber the vehicle. Relying on the retention of title, the Seller may reclaim the vehicle from the Buyer only if the Seller has withdrawn from the Agreement (VÕS § 233 (2)).

8.2 The Buyer must register the vehicle in the Buyer's name within 5 working days after the transfer of ownership in the e-service or a service office of the Transport Administration, in accordance with the following arrangement: [Arrangement for the change of registered owner]. The Parties cooperate to the extent necessary for the registration.

8.3 If the Buyer does not register the vehicle on time, the Seller has the right to notify the Transport Administration of the transfer of the vehicle and to submit a copy of this Agreement for that purpose.

8.4 From the delivery of the vehicle, the Buyer bears the costs related to the use of the vehicle, including fines, parking fees and fuel and insurance costs, even if the Seller is still entered in the register as the owner at that time. If such amounts arising after delivery are claimed from the Seller, the Buyer compensates the Seller for them.

8.5 From the delivery of the vehicle, the Buyer arranges motor third-party liability insurance for the vehicle if the vehicle is used in traffic.

9. WARRANTY AND LIABILITY OF THE SELLER

9.1 Warranty: [Warranty] ([Warranty period (in months)] months). During the warranty period, the Seller remedies defects covered by the warranty free of charge; the warranty period begins upon delivery of the vehicle and is suspended for the time during which the Buyer cannot use the vehicle due to a defect covered by the warranty (VÕS § 230 (2)).

9.2 This is a consumer sale. The Seller is liable for any non-conformity of the vehicle with the terms of the contract which becomes evident within two years from the delivery of the vehicle to the Buyer (VÕS § 218 (2)); a non-conformity which becomes evident within one year from delivery is presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the thing or the defect (VÕS § 218 (2²)). The warranty referred to in clause 9.1 does not restrict these rights; any agreement derogating to the detriment of the Buyer, including shortening the period of liability or excluding liability, is void (VÕS § 237 (1)).

9.3 The Seller may not rely on an agreement which excludes or restricts the Buyer's rights in respect of a non-conformity if the Seller knew or should have known that the vehicle does not conform to the terms of the contract and did not inform the Buyer thereof (VÕS § 221 (2)).

9.4 The Buyer notifies the Seller of a non-conformity within a reasonable time after the Buyer became or should have become aware of it; a Buyer who is a consumer gives notice within two months after becoming aware of the non-conformity (VÕS § 220 (1)). A Buyer who entered into the Agreement in its economic or professional activity describes the non-conformity with sufficient precision (VÕS § 220 (2)).

9.5 In the event of non-conformity, the Buyer may, under the conditions provided by law, demand repair or replacement of the vehicle, reduce the purchase price, withdraw from the Agreement in the event of a material non-conformity and claim compensation for damage (VÕS §§ 222–224).

10. LIABILITY

10.1 The Seller is not liable for ordinary wear and tear but is always liable for intentionally concealed defects.

10.2 A Party is liable for a breach of the obligations arising from the Agreement unless the breach is excused (VÕS § 103).

11. DISPUTE RESOLUTION

11.1 Disputes arising from this Agreement are resolved primarily by negotiation and, if no agreement is reached, as follows: [Dispute resolution]. The Consumer Disputes Committee is competent only to resolve disputes between a consumer and a trader (B2C). If no agreement is reached with the Seller, a Buyer who is a consumer has the right to apply to the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority.

11.2 The Agreement is governed by the law of [Governing law].

12. FINAL PROVISIONS

12.1 Notices related to the Agreement which have legal consequences (including notice of a defect and a declaration of withdrawal) are submitted in writing or in a format which can be reproduced in writing (including by e-mail) to the contact details specified in clause 1.

12.2 Amendments and supplements to the Agreement are made in writing or in a format which can be reproduced in writing and enter into force once both Parties have confirmed them.

12.3 If any provision of the Agreement is or becomes invalid, this does not affect the validity of the remaining provisions. The Agreement enters into force once both Parties have signed it.

13. LEGAL BASIS

13.1 This vehicle sale agreement is governed by §§ 208–237 of the Law of Obligations Act (contract of sale); as regards the transfer of ownership, by the Law of Property Act; and as regards the registration obligation, by the Traffic Act.